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STRAHAN v. PRITCHARD

Civil Action No. 05-10140-NMG.

473 F.Supp.2d 230 (2007)

Richard Max STRAHAN, Plaintiff, v. Steven PRITCHARD, in his official capacity as Secretary of the Massachusetts Executive Office of Environmental Affairs, David M. Peters, in his official capacity as Commissioner of the Massachusetts Department of Fish and Game, and Paul Diodati, in his official capacity as Director of the Massachusetts Division of Marine Fisheries, Defendants.

United States District Court, D. Massachusetts.

January 24, 2007.

Attorney(s) appearing for the Case

Pamela Zorn Adams Sherin and Lodgen LLP, Boston, MA, for New England Legal Foundation.

Steven S. Broadley Posternak, Blankstein & Lund, Boston, MA, for William Adler Massachusetts Lobstermen's Association, Inc.

Amy R. George, Gordon M. Jones, David M. Ryan, Nixon Peabody LLP, Joseph F. Shea, Nutter, McClennen & Fish, LLP, Boston, MA, for Provincetown Center for Coastal Studies.

Srinath J. Govindan, U.S. Department of Justice, Washington, DC, for National Marine Fisheries Service (NMFS).

Daniel J. Hammond, Attorney General's Office, Bryan G. Killian, Massachusetts Attorney General's Office, Boston, MA, for Commissioner David M. Peters.

Gordon M. Jones, III, Nixon Peabody, LLP, Boston, MA, James E. Riley, Jr., Riley & Associates, Walpole, MA, for Secretary Ellen Roy Herzfelder and Director Paul Diodati.

James E. Riley, Jr., Riley & Associates, Walpole, MA, for International Fund for Animal Welfare.

David M. Ryan, Nixon Peabody, LLP, Boston, MA, for Frederick O'Regan.

Joseph F. Shea, Nutter, McClennen & Fish, LLP, Boston, MA, for New England Aquarium and Scott Kraus.

MEMORANDUM & ORDER

GORTON, District Judge.

Conservationist and pro se plaintiff, Richard Max Strahan ("Strahan"), moves for a preliminary injunction enjoining the defendants from continuing to license certain commercial fishing equipment that allegedly entangles whales in violation of 16 U.S.C. § 1538 et seq., the Endangered Species Act ("ESA"). The plaintiff also seeks an order requiring that the defendants hereafter license only...

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